the judge in my probate case knew my father because he was a lawyer and she asked if I wanted a new judge because she knew my father. At the time I said no but now I want to change things because she is really a problem and I think she feels some kinda a way because she allowed my dad's girlfriend to open the estate saying she was his wife. Even though she did remove her after 2 years and not believing me that they were not married, i really just want a new judge. how do i go about it?
State/Country relating to question: Florida
Hello,You would need to file a "Motion to Recuse" the judge with the clerk of the court and state something like due to the fact that the judge had a personal knowledge of and a working relationship with the decedent, you do not feel that the judge could be impartial in the case and request that she recuse herself and step down from the case..If she asked at the beginning if you wanted her to recuse herself, then it had to have been on her mind at that time so she likely wouldn't object at stepping down..There would be a hearing set where you would basically appear and state your thoughts on the matter, the other side could respond, and then the judge would make her decision as to whether or not to step down..
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12 yrs estate law, real estate. Wills/Trusts/Probate
Who is the other side? cause this is a probate case?
I assumed that this was some type of adversarial case with dad's girlfriend. If there no other party and it is strictly for settling the estate, then it would just be your motion to recuse and the judge would either grant the motion and step down or deny it and proceed in the case..
No the girlfriend was removed as P.R. and I am now P.R. The problem is she (girlfirend) viloted flordia law while she was P.R. and stole asset and the judge wont do anything about. I think it is a pride thing now because if she never gave her the approval we would not be at this place now.
Ok, you may be correct in that the judge may have made a mistake and doesn't want to admit it. I would opine that you would have legitimate grounds to request that she recuse herself. If she doesn't, then you could appeal any adverse rulings to a higher court based on her bias..
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